John Croston v. Burlington Northern Railroad Company International Association of MacHinists and Aerospaceworkers Aerospace Workers

We must decide, among other issues, whether the Railway Labor Act, 45 U.S.C. § 151 , et seq., preempts a state law prohibiting employment discrimination on the basis of physical handicap. We hold that it does. We affirm the summary judgment dismissal

of Croston’s action against his railroad-employer and his union.

I.

Croston, a machinist employed by Burlington Northern Railroad (BN) at its Livingston, Montana shop, suffered a heart attack in November 1985. He was not scheduled to return to work until May 1987. While he was on medical leave, BN shut down the Livingston yard.

Employees affected by the shop closure received protective benefits under the collective bargaining agreement, the National Mediation Agreement of Sept. 25, 1964. In some instances, the benefits included the option to move to another BN shop or to take a lump-sum cash settlement. Before he was released to return to work, Croston asked his union, the International Association of Machinists and Aerospace-workers, to advise him if he was eligible for any of those benefits.

The union investigated and submitted a claim on Croston’s behalf requesting transfer benefits, including a new work location, moving…